PEOPLE v. GAGNON


75 N.Y.2d 736 (1989)

The People of the State of New York, Respondent, v. John H. Gagnon, Appellant.

Court of Appeals of the State of New York.

Decided December 14, 1989.


Attorney(s) appearing for the Case

Thomas J. Snider for appellant.

Charles A. Gardner, District Attorney (Jane M. Getman of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed. The proposed evidence of prior sexual contact between the complaining witness and her uncle was offered by the defense solely on the theory that it might be admissible to explain testimony of an examining physician that the 11-year-old complainant showed physical signs of sexual abuse. The prosecutor agreed that should the People present such medical testimony...

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